When looking to sublet, there are important things to consider within the UK
Tenants | Information for Tenants | 09/05/18
So you’re looking to go away for a period of time, or you have some important business to attend and you may be away from your rental for a lengthy period of time. Then you also realise that you have rent to pay, and that isn’t going to pay itself! One thing that can help you out of this sticky situation is looking to sublease an apartment/property. With this blog we aim to help you understand a few simple aspects of how subletting works, either if you are a landlord or tenant. It’s all about common understanding that leads to the perfect standard sublease agreement.
The purpose of subletting
When looking at the topic of what subletting means and how subletting works, you need to understand subletting is when a current tenant decides to let an area within their home to another individual, who can be described as a subtenant. The purpose is to ensure that the rent is paid to the main landlord on time. When a property is being sublet, the individuals within the contract will be :
•Head landlord – Owner of the property
•Tenant providing the sublease – Mense Tenant
So as stated previously, you may need to go away and you have things to do, and this may be before your tenancy agreement is over. So subletting allows you to rent out your place to another individual while it’s still under your name. But look you can’t just let anyone in. Remember the purpose of subletting is to make sure that the landlord gets their rent on time. It’s still under your name! So it’s key that you get a contract written, and get it signed and dated by both parties making sure it contains all details when you are looking to sublease an apartment/property.
Do you need permission to sublet if you rent your home?
Before you go ahead with taking on this whole process, you’ll need to understand your rights to subletting, and will need to ask some key questions. These need to be focused towards your landlord. They are in charge of the property, therefore meaning you will need to gain the landlord’s consent to sublease firstly, and get them to consider the potential standard sublease agreement you wish to set as this is according toThe Housing Act 1988.
Usually these terms are discussed within your tenancy agreement before you take on the property. You’ll need to read over this. With knowing your rights to sublease, you will know how to go about the situation much better. Avoiding making costly errors. If your landlord refuses your standard sublease agreement, be sure to explain your current situations in a written format, maybe a letter to come to a potential agreement. As you really need to understand that you will need the landlord’s consent to sublease.
If you do come to an agreement, make sure it’s all in writing before moving forward with the sublease. This is to protect all your rights to your potential standard sublease agreement.
What happens if you sublet your home and you aren't allowed to?
Depending on the tenancy agreement you have with your landlord, determines if you are eligible to have a sublet within your contract. When looking at tenant’s subletting without permission, meaning this was not discussed or mentioned as stated before or is not accepted, you may be faced with a a landlord looking to prosecute you and take legal action against you. This will lead to them at least evicting you from the property due to you violating your short hold tenancy agreement by granting an unofficial standard sublease agreement. These things can be avoided with good planning and discussion, making sure you explain your end.
Someone you can trust, or at least think you can
So you’re allowed to go ahead with your potential sublease agreement, as you and your landlord have agreed on the necessary terms, and all is in writing to avoid any future hassle. This now means you have to go and find someone who is worthy of signing your new sublease agreement, and someone you can trust in order to keep up with the payments, value and respect the property all in order to keep your landlord happy with the decision they have made, they are doing you the favour so don’t let them regret it.
So you’re allowed to go ahead with your potential standard sublease agreement, as you and your landlord have agreed on the necessary terms, and all is in writing to avoid any future hassle. This now means you have to go and find someone who is looking to sublease an apartment, and someone you can trust in order to keep up with the payments, value and respect the property all in order to keep your landlord’s consent to sublease intact and keep them happy with decision they have made.
When looking for a new tenant for the property you’ll need to consider someone who will follow the requirements for the sublease to go smoothly. So try to find someone you know, as this way the trust is there and you have a good idea on whom they are and what type of person they can be, and you can better explain to them how subletting works
If you can’t seem to find anyone like friends or family, then you’ll need to post an ad somewhere, preferably on our website …… just saying.
So when looking to setting up that potential ad of yours here are some key things to mention, in order for you to get the right person on board with your potential standard sublease agreement.
Makes sure within your advert you state the exact time the property will be available and your information in case of contact so things can be discussed further. You want to be very clear in the details of the sublease, communicating what is exactly on offer and the terms of the sublet and the price at which it’s available. Include some well taken pictures to make sure you are giving someone a clear representation of the property. This is a very important factor when looking to sublease an apartment.
You are still responsible for the lease and the sublease agreement, so you will need to attract the right person, in order for rent to be paid, and the property to be respected. So this is a very important step.
Some questions you may want to put forward to the potential subletter :
• ‘’What is your current employment situation?’’
• ‘’How much is your monthly income?’’
• ‘’Why are you in need of short term accommodation?’’
• ‘’With how many people will you be staying with at the property ?’’
• ‘’Will you be planning to have any social gatherings or events ?’’
Try to give someone the best information possible to clearly depict what is needed in order for this agreement to run smoothly. This will allow the potential tenant to have a clear understanding of what is expected of them for the sublease agreement. Be prepared to answer their questions!
Get it all in writing, signed and dated
You will need to make sure that all matters are within a written standard sublease agreement. This can be done yourself but it’s not advisable due to the fact you could miss out key information, unless you’re a lawyer, then go for it! If not, you can find a written sublease agreement template online with all the key information stated, and you are able to add/edit any information if needed. Remember to cover aspects such as security deposits, as if there is any damage caused, you do not want it coming out of your pocket when it wasn’t our fault.
Sharing is caring
With having a better understanding in how subletting works, you’ll understand that the new tenant will need all information and additional details of contact, such as the main landlord and any emergency maintenance details.Also on how the rent should be delivered to ensure that payments run smoothly. As much as you are new to the process, so may the tenant, so make sure you get the gist of how subletting works to gain a better understanding and be sure to pass that on to your new tenant too. As the more they know and understand, the less chance for problems to arise.
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